National Green Tribunal
Pritam Singh And Ors vs State Of Himachal Pradesh on 14 July, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No.06 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 187/2022
Pritam Singh & Ors. Applicant(s)
Versus
State of Himachal Pradesh Respondent
Date of hearing: 14.07.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
ORDER
1. Grievance in this application is that Punjab Alkalis Chemical Ltd., a red category industry, at Naya Nangal, District Ropar Punjab is discharging untreated highly polluted chemical effluents in the land of the applicants, (in Malukpur and Veenewal villages, falling in Himachal Pradesh) adjoining the above said industry. Due to contamination of groundwater, their agriculture lands have become uncultivable. The water samples drawn from their 7/8 wells/tubewells and deep bore tubewells of Himachal Pradesh Government were found to be unfit for irrigation/drinking due to which the said tubewells had to be abandoned/closed. The inhabitants of Malukpur and Veenewal villages have to drinking water from other villages. It is further stated that gas 1 leakages from said industry occur frequently causing air pollution and also posing serious risk to lives of the inhabitants. It is further stated by the applicants that the applicants had filed Civil Writ Petitions bearing no. CWP 6931 of 1994 and CWP 16748 of 2015 in Hon'ble Punjab and Haryana High Court but despite orders passed on the said petitions, no action has been taken by the PSPCB for abatement of environmental pollution. On the other hand, despite objections by the inhabitants, said industry was allowed to make captive thermal plant functional aggravating the environmental pollution.
2. Vide order dated 20.04.2022, the Tribunal constituted a joint committee of CPCB, CGWA, Punjab State PCB and District Collectors of Districts Roper and Una respectively to undertake visit to the site and furnish a factual and action taken report particularly with regard to compliance consent conditions.
3. Report of the joint Committee filed on 11.07.2022 mentions the site visit undertaken, interaction with the stake holders and status of compliance conditions. The Committee has found the unit to be compliant as follows:-
"4.0 Salient Observations:
As per the observations by members of committee from CPCB & PPCB, the following was observed:
1. On the day of inspection, the unit and its ETP was found operational.
2. During visit, the committee carried out inspection of various sections of units ETP plant, membrane cell house, Hypochlorite section, Paraffin wax section others.
3. The unit is meeting its water requirement through surface water from river Sutlej. As reported the unit obtained NOC from Department of Water Resources, Government of Punjab.
4. The effluent generated from regeneration of Ion exchange, Gland cooling water blow downs of boilers & cooling towers and 2 floor washing etc. is en-routed to ETP through open conveyance channel.
5. The unit has installed ETP of 300 KLD capacity which is based on (Zero Liquid Discharge (ZLD) for treatment of the trade effluent generated from process. The ETP is comprised of Collection Tank > Neutralization Tank > R.O (Capacity 300 m3/day) > Multiple effect evaporator (three stage falling film MEE of capacity 45 m3/day) > Sludge Drying Beds.
6. During visit committee observed, no effluent is being discharged outside the premises of the unit.
7. The unit has installed online effluent monitoring system at final outlet of ETP for measuring flow, pH, TSS, COD, BOD and its connected to CPCB/PPCB server.
8. On the day of inspection, OCEMS value were observed as follows: pH-8.55, BOD-3.36 mg/1, TSS-12.73 mg/1, COD-33.35 mg/1.
9. The unit has installed chlorine sensors at various locations in the plant premises namely at the boundary, Hypo Plant, Cell Houses, Utilities, HCL Plant, Chlorine filling and Chlorine Storage, and CPW Plant namely (M/s Flow Tech) for monitoring of chlorine emissions.
10. The unit has installed online sensor at sodium hypo plant for measuring chlorine as well as HCL fumes, and the sensors are connected to CPCB/PPCB server.
11. The unit possesses valid consents under the Water Act, 1974, The Air Act, 1981 and Authorization under the Hazardous and Other Wastes (Management and Trans-Boundary Movement) Rules, 2016 from the PPCB.
12. During inspection, Committee observed that the unit has made garland drain around the brine sludge disposal pit for collection of the leachate and as reported it sends to ETP inlet for further treatment.
13. The unit has installed four piezometer wells around the old brine disposal pit for monitoring of the ground water quality.
14. During visit, team observed that R.O. permeate is reused in-
house as cooling towers make-up water.
15. The unit has installed electromagnetic flow meter at final outlet of the ETP and with the recycling line, and the record for the same is being maintained.
16. The unit has installed separate energy meter for ETP and records of the same also maintained.
317. The unit has maintained Log book of ETP Chemical consumption.
18. During visit, committee observed that the brine sludge generated from brine purification process is disposed-of at secured lagoon which is non-hazardous waste in nature. However, The ETP sludge is temporarily stored at in-house storage area and is periodically taken by operator of Common Hazardous Waste Treatment, Storage and Disposal Facility at Derabassi (operated by M/s Ramky Enviro Engineers Ltd) for fmal disposal.
19. The unit has provided three DG sets of capacities 500 KVA x 2 and 525 KVA. These are equipped with acoustic enclosure and also sufficient exhaust pipe for vent out emissions into atmosphere.
20. The unit has installed two boilers of capacities 5 TPH and 10 TPH for producing steam using hydrogen gas as fuel and furnace oil is also used in these boilers at the initial firing stage. The emission is vent out to atmosphere through stack of 45m height.
21. The unit has also installed one husk fired boiler of capacity 8 TPH and its emissions are vent out to atmosphere after passing through bag-filter as APCD.
22. The unit has installed two HCL plant of each capacity 120 MT/day which are equipped with water sprinkling system as APCD.
23. The unit has installed two hypo manufacturing units of capacity 24 MT/day and 12 MT/day. These Hypo units are provided with individual alkali scrubber as APCD.
5.0 Sample Collection In compliance of NGT order, the Joint committee has taken ground water samples from Irrigation and Public Health Department borewells operated in the adjoining villages in boundary of Una (HP) as well as Punjab on 03/06/2022 in the presence of representatives from nearby villages. These samples were collected and analyzed by Central Ground Water Board (CGWB).
On request of villagers, the committee has also taken soil sample from agricultural fields in close proximity to M/s PACL unit in the presence of the village representatives. The Soil sample was jointly collected by Punjab & Himachal Pradesh Agricultural department to verify the status of the soil. As per committee decision the soil samples were collected on 03/06/2022 and was made homogeneous as per protocol. The sample was divided into two parts. One part of soil sample was sent to Palampur Agriculture University (HP) for testing while the other part was sent to State Soil Testing Laboratory in Punjab.
During visit, the sample collection team has observed that the plot adjoining to PACL boundary wall was found uncultivated while the adjoining fields around the industry were filled with vegetables (namely Water melon, Cucumbers, Tomatoes). The 80 4 (eighty) photographs from the adjoining fields to the industry taken during the visit are enclosed as Annexure-A. It was also observed that 03 out of the 08 tubewells from where samples were collected were located within close vicinity of waste water bodies/ stagnant water.
6.0 Monitoring and Analysis of Ground Water and Soil and Verification of Consent Conditions Taking into consideration the main allegations/grievances, the committee focused on following major areas:-
Compliance of the consents and other clearance's conditions.
Quality of ground water.
Quality of soil.
The discussion/observation of the committee in reference to above is discussed in the following paras:
6.1 Compliance of the consents and other clearance's conditions.
The industry has obtained all the necessary clearances, viz-a-viz Environmental Clearance, Consent to Operate under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 and Consent to establish for its expansions etc. The compliance of the various conditions imposed in the clearances granted to the industry were verified by members from CPCB & PPCB. As per their conclusions, the industry is complying with all the conditions and is meeting with the standards prescribed for discharge of effluent and emissions. The industry was found to be operating its unit on "Zero Liquid Discharge" (ZLD) system on the day of inspection.
6.2 Quality of ground water.
The quality of shallow/deep ground water in the surrounding area up to a distance of about 3 sqlan. of industry has been studied and 8 number of water samples were collected from shallow/deep aquifers on 03/06/2022 by CGWB. All the collected samples were analyzed by adopting standard methods of analysis (BIS & APHA) in the Regional Chemical Lab of CGWB. The results by the Central Ground Water Board, Chandigarh are annexed as Annexure-B. 6.2.1 Observation/Comments of CGWB By email dated 22.06.2022 CGWB has intimated the following observations which are reproduced in verbatim:
"Colour Colour of ground water from all the tube wells is transparent and clear.
Specific Conductance (EC) The acceptable limits of Electrical Conductivity for drinking water is 1000 ps/ cm (corresponding TDS approx. 600 mg/ L) and 3000 ps/cm is permissible if any 5 alternative source of drinking water is not available (TDS is 2000 mg/ lt). In the samples collected, the Electrical Conductivity varies between 653 pS/ cm at 250C to 1285 pS/cm, which is less than permissible value (below TDS of 2000 mg/ L) PH In the study area pH values of ground water ranges between
7.12 to 7.66, which is within the permissible limit of 6.5 to 8.50 as per BIS 10500:2012.
Chloride Concentration The concentration of Chloride in all samples varies from 14 mg/L to 210 mg/L which is within the permissible limit of 250 rng/L to 1000 mg/ L as per BIS 10500:20 In all the samples Fluoride concentration varies from 0.09 mg/ L to 0.26 mg/ L which is well below the permissible limit of 1.5 mg/ L as per BIS 10500:2012. Nitrate Nitrate is another parameter considered for identification of contamination. Presence of the Nitrate in ground water indicates the contamination from the sewage waste, agricultural waste and organic waste. There are many sources of nitrate in ground water, such as improper disposal of domestic and sewage waste, waste from animal farms, use of nitrogenous fertilizers etc. Since crop utilizes only 25 to 71 per cent of total nitrogen fertilizers, rest of it either remains in the soil or is lost from the soil-plant system through leaching, denitrification or ammonia volatization. A significant amount of applied fertilizer move into deeper layer of soil due to percolation as nitrate and ultimately joins the groundwater. Nitrate concentration in all the tubewells is found between 13 mg/ L to 33 mg/L. The presence of nitrate in these samples may be correlated to the extensive agricultural activity and vicinity of waste water body/stagnant water rich in organic matters around the tubewells or the recharge area of tubewells. All the samples have nitrate within permissible limit i.e. less than 45 mg/ L as per BIS 10500:2012. Trace/Heavy Metals The samples were analysed for the presence of trace/heavy metals viz. Cr, Mn, Ni, Fe, Se, As, Zn, Cd, Cu, Pb, U, Ag. Some of them if present in excess quantities are dangerous for human health and also for vegetation. In the collected samples all these metals found within the permissible limits as per BIS 10500:2012.
Irrigation suitability The suitability of ground water for irrigation is mainly assessed through Sodium Absorption Ratio (SAR) and Residual Sodium Carbonate (RSC) values.
The SAR is an irrigation water quality parameter used in the management of sodium-affected soils. It is an indicator of the suitability of water for use in agricultural irrigation as determined from the concentrations of the main alkali (Na) and alkaline earth (Ca & Mg) cations present in the water. on the basis of SAR range, irrigation water can be classified into four classes as SAR <10 (ideal or excellent), 10-18 (good), 18-26 (doubtful) and >26 (unsuitable).
6All the samples collected are having the values of SAR in the range of 0.34 to 1.13, hence falling in the ideal or excellent category for irrigation use.
The Alkali hazards of irrigation ground waters are estimated through the computation of Residual Sodium Carbonate (RSC), also known as Eaton's Index. Waters with RSC value <1.25 meq/L are safe for irrigational uses, RSC between 1.25 and 2.5 are marginal and waters with RSC value >2.5 meq/L are unsafe. All samples in this study are found to be in safe category.
Drinking water supply in the villages Ground water samples from water supply tubewells in Gram Panchayat Malukpur, Sanoli, Majara, Veenewal have been collected and analysed. All the parameters analysed are under the permissible limits of drinking water standards. The water supply in all the villages surrounding the industry is based on ground water from deeper aquifers which is being supplied by Jal Shakti department of Government of Himachal Pradesh and DWSS of Government of Himachal Pradesh. As the ground water of deeper aquifers are meeting the standards prescribed by BIS (IS010,500 of 2012) which is being supplied for drinking and domestic water requirements by piped water system.
Observation:
In view of the concerns raised about the suitability of ground water for drinking and irrigation purpose, it is observed that based on the parameters analysed in the CGWB laboratory, samples conforms to the BIS 10500:2012 (Drinking Water Specification) hence suitable for drinking purpose, also based on SAR and RSC values the ground water is suitable for irrigation purpose also."
7.0 Quality of Soil It was decided by the joint committee to collect Soil Samples from the nearest villages to assess the quality of soil in the vicinity of the industry. As such, a composite sample was collected and was divided into 02 parts. One part was analyzed by the Department of Agriculture, Himachal Pradesh and the second part was analyzed by the PBTI Lab, Mohali (Designated State Lab, Punjab). Analysis results of these soil samples are annexed as Annexure -C. There is significant observed variation in the analysis results given by the PBTI Mohali (State Laboratory) and by the Department of Agriculture, Himachal Pradesh.
This issue was discussed in-depth by the Committee but no definite inference could be drawn out of the same. Members of the CPCB & PPCB submitted that there is no effluent from the industry which could have led to this kind of effect on the soil in the vicinity of the industry. In view of the above submissions it is humbly prayed that report as above may please be taken on record and suitable orders be passed in the matter please."
4. Soil samples analysis in Annexure C of joint Committee report is reproduced below:
"The analysis report alongwith findings of the above enlisted samples as submitted by the Department of Soil Science, CSK HPKV, Palampur is as under:7
Sr. pH EC OC N P K NH4- N NO3-N Total CaCO3 Na c SAR CI no. (dS/m) ppm ppm N mol (p) m/lit (%) (kg/ha) (kg/ha) (kg/ha) (%) ppm kg
1. 5.84 6.08 1.54 376 13.88 338 109 82 661 3.0 0.33 0.20 1.27
2. 6.60 6.13 1.87 345 21.37 286 140 85 885 0.5 0.18 0.16 0.37
3. 6.64 6.20 0.70 282 16.38 416 111 72 549 0.5 0.28 0.22 1.05
4. 5.47 6.50 1.26 376 21.11 301 126 79 627 0.4 0.77 0.43 1.46
5. 6.04 5.72 0.96 345 15.35 265 117 69 616 0.4 0.60 0.40 0.92
6. 5.65 5.80 1.00 439 11.56 323 155 93 907 0.3 0.25 0.15 0.34
7. 6.07 6.15 0.67 376 12.85 292 166 97 918 0.3 0.54 0.42 0.18
8. 6.10 5.00 0.97 408 12.08 378 120 68 885 0.3 0.36 0.23 0.17
9. 5.97 4.71 0.56 345 11.23 286 126 79 661 0.3 0.63 0.46 0.83
0. 7.04 7.06 1.36 376 13.23 315 97 58 526 3.6 0.47 0.27 0.49 For reference Parameter Medium range/ Thresh hold value Available Nitrogen (kg/ha) 280-560 Available Phosphorus (kg/ha) 10-25 Available Potassium (kg/ha) 118-280 Soil pH (1:2.5) 6.5-7.5 Electrical Conductivity (dS/m) (1:2) <4 Organic Carbon (%) 0.5-1.0 SAR <13 Sodium (c mol(p+)/kg) <1 Soil Testing Findings Soil samples were strongly acidic to neutral in soil reaction.
Organic carbon was medium to high in range. EC of soil samples was more than 4 dS/m (Unfavorable for cultivation of most crops).
(Recommendation: Irrigating the soil with good quality water & cultivating salt tolerant crops).
Available N & P were in medium range, whereas, available K was reported high in samples.
Sodium Adsorption Ratio was less than 13 (Safe Range).
Determination of gypsum requirement and CaSO4. 10H2O could not be possible because analysis of these showing some errors.
5. From the above, it is seen that the soil is acidic. Accordingly, steps need to be taken by the project proponent for reclamation and report filed within two months with the Director, Agriculture Himachal Pradesh, who may ascertain whether the reclamation is satisfactory.
86. Further, the report does not mention the status of compliance of Manufacture, Storage and Import of Hazardous Chemical Rules, 1989.
The State PCB may ascertain whether offsite and onsite management plans have been prepared and whether mock drills have been conducted as required.
The application is disposed of.
A copy of this order be forwarded to the Director, Agriculture, Himachal Pradesh, Punjab State PCB and Punjab Alkalis Chemical Ltd.
by e-mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Arun Kumar Tyagi, JM Prof. A. Senthil Vel, EM Dr. Afroz Ahmad, EM July 14, 2022 Original Application No. 187/2022 A 9